Legal Opinion

Toledo & O. C. Ry. Co. v. Chesapeake & Ohio Coal & Coke Co.

District Court, S.D. West Virginia

Decided December 23, 1916PublishedCited by 1 opinion

At Raw. Action by the Toledo & Ohio Central Railway Company against the Chesapeake & Ohio Coal & Coke Company.

1Opinion of the Court

KERRER, District Judge.

This is a suit brought for the collection of demurrage charges, alleged to be due by the defendant on coal consigned to defendant at Toledo, Ohio, for transshipment in the lake trade. From an agreed statement of facts it appears that whatever demurrage is chargeable to defendant accrued in the years 1910 and 1911 under plaintiff’s tariff I. C. C. No. 1668, issued and filed with the Interstate Commerce Commission July 12, 1909, effective August 15, 1909; plaintiff’s tariff I. C. C. No. 1856, issued and filed with the said Commission April 4, 1911, effective May 1,5,…

2Cases cited2 opinions

  1. Hite v. Central R. of New JerseyCourt of Appeals for the Third Circuit · 1909
  2. Horton v. Tonopah & Goldfield R.District Court, D. Nevada · 1914

3Cited by1 opinion

  1. Chesapeake & Ohio Coal & Coke Co. v. Toledo & O. Cent. Ry. Co.Court of Appeals for the Fourth Circuit · 1917

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